LAWS(CAL)-1978-2-7

ARCHANA GUHA Vs. STATE

Decided On February 17, 1978
ARCHANA GUHA Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) In this application the complainant petitioner Sm. Archana Guha has prayed for a Rule on the opposite parties asking them to show cause as to why an order dated November 5, 1977 passed by Shri S. Chakravarty, Chief Metropolitan Magistrate, Calcutta ordering them to be released on bail should not be cancelled or set aside.

(2.) This application has been heard after notice had been served on the opposite parties who have been represented before us by Mr. Balai Chandra Ray.

(3.) On the basis of a complaint filed by the petitioner before the Chief Metropolitan Magistrate, Calcutta against the two opposite parties and three others process was issued on October 17, 1977 by the learned Chief Metropolitan Magistrate against the opposite party No. 1 Ranjit Guha Neogi alias Runu Guha Neogi under sections 166, 330/34, 331/34, 348/34, and 509 of the Indian Penal Code and against the second opposite party Arun Banerjee under sections 330/34, 331/34 and 348/34 of the Indian Penal Code. The allegation made by the petitioner in her complaint to the learned Magistrate was, inter alia, to the effect that she was taken away by the opposite parties and others who are Police Officers from her residence on the night of July 17, 1974 and thereafter she was brought to a special cell in the Lal Bazar Police Headquarters and tortured there from July 18, 1974 till about July 20, 1974 ultimately leading to an almost complete paralysis of her lower limbs.